This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.
You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.
Here are the most important seven categories of documents you should focus on.
1. Income Documents
Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.
2. Bank Records
The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.
3. Retirement and Other Investment Records
Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.
4. Credit Card statements
Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.
5. Real estate documents
The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.
6. Mortgage statements & any Other Debts
You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.
7. Relevant emails or other correspondence
Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.
Conclusion
Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.
by: Scott Morgan
Friday, May 29, 2009
Tuesday, May 26, 2009
Divorce Support for Men. Dealing With Divorce and Separation
With the statistics showing that divorce is at an all time high the level of support for divorcees has skyrocketed to help people get through this very difficult time in their lives and find a way to move on. Unfortunately that level of support is extremely skewed to help women, not men dealing with divorce! So with divorce support for men so low what does a man after divorce do? OR perhaps more importantly what should they NOT do!
The first problem most guys face is coping with the reality of being a divorcee. This can sometimes take some time to sink in and before the realization settles men can go through a wide range of emotions and actions. Many can refuse to believe they are really divorced, in their hearts they are still married even if they do not feel in love and others feel in love but feel separated. To cope with these things men will usually do one of two things: Nothing or Everything! When they do nothing they can become deeply depressed and a recent statistic shows they are much more likely than the woman to commit suicide, whether this stems from the lack of support for men compared to women or just that men are more susceptible to these things is unclear but since men are usually creatures of action doing the opposite can be very detrimental to their mental health.
The opposite effect is that the man tries to cope with this new situation by doing as much as he can with his life so he does not have to focus on his emotions. A great focus on work or on socializing or some other activity to keep himself busy becomes the main goal in the mans life. While this can be better than the lethargy of depression men often do things they regret during this period such as; sleeping around to fill the void of intimacy, alcoholism, getting into fights, and of course not resolving their emotional conflict.
To compound these issues women are more likely to have a social network of friends they can rely on to help them emotionally whereas the man will not have the relationships with his friends to talk about such things and the man himself may not feel comfortable looking for help from other men even professionals.
So where is a divorced man suppose to go for help? There may be no perfect advice for men after divorce and while we can generalize on the character of males we are all different enough that we all need different solutions. The best advice I have heard however that man is is a natural problem solver, give a man the information and tools he needs to solve a problem and he will eventually build something that works. Divorce support for men may simply be giving a man as much easily accessed information so he can occupy himself with solving his own problems. Men dealing with divorce and separation may always be seen as lesser problem than the women but thanks to the internet it is much easier for men to access the help they need without the social stigma and embarrassment they might feel in real life.
Article Source: http://article24h.com/category/relationship.html
Author: Hengster
Did you find this article helpful?
Are you finding it hard to cope with your divorce?
Are you unsure where to turn or what to do next?
The first problem most guys face is coping with the reality of being a divorcee. This can sometimes take some time to sink in and before the realization settles men can go through a wide range of emotions and actions. Many can refuse to believe they are really divorced, in their hearts they are still married even if they do not feel in love and others feel in love but feel separated. To cope with these things men will usually do one of two things: Nothing or Everything! When they do nothing they can become deeply depressed and a recent statistic shows they are much more likely than the woman to commit suicide, whether this stems from the lack of support for men compared to women or just that men are more susceptible to these things is unclear but since men are usually creatures of action doing the opposite can be very detrimental to their mental health.
The opposite effect is that the man tries to cope with this new situation by doing as much as he can with his life so he does not have to focus on his emotions. A great focus on work or on socializing or some other activity to keep himself busy becomes the main goal in the mans life. While this can be better than the lethargy of depression men often do things they regret during this period such as; sleeping around to fill the void of intimacy, alcoholism, getting into fights, and of course not resolving their emotional conflict.
To compound these issues women are more likely to have a social network of friends they can rely on to help them emotionally whereas the man will not have the relationships with his friends to talk about such things and the man himself may not feel comfortable looking for help from other men even professionals.
So where is a divorced man suppose to go for help? There may be no perfect advice for men after divorce and while we can generalize on the character of males we are all different enough that we all need different solutions. The best advice I have heard however that man is is a natural problem solver, give a man the information and tools he needs to solve a problem and he will eventually build something that works. Divorce support for men may simply be giving a man as much easily accessed information so he can occupy himself with solving his own problems. Men dealing with divorce and separation may always be seen as lesser problem than the women but thanks to the internet it is much easier for men to access the help they need without the social stigma and embarrassment they might feel in real life.
Article Source: http://article24h.com/category/relationship.html
Author: Hengster
Did you find this article helpful?
Are you finding it hard to cope with your divorce?
Are you unsure where to turn or what to do next?
Sunday, May 24, 2009
How the Internet Causes Divorce
In Great Britain one of the common reasons for divorce is the Internet. An important polling firm in England has discovered that 1 out of 10 people (Around 90,000) has claimed the Internet as one of the major reasons for ending a marriage that often ends in divorce. The findings of the poll indicate that married men and women both experience hardship when their mates become addicted to the Internet. Pornography and Gambling sites as well as Chat Rooms and Searches for old friends from back in the day when things were simple. The most endangered of becoming divorced are generally young men and women between 25 and 35 years old, the most computer literate group, as older men and women especially blue collar workers are less likely to suffer because they are computer illiterate. Only the more educated are likely to have marriage problems with the Internet. There are always exceptions but for the most part this is the rule. The good news is if you are computer literate and the Internet had destroyed your marriage you can apply for divorce online and meet someone brand new who you can divorce later!
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Divorce Mediation A Relatively Speedy and Low Cost Alternative
Is it possible to have an easy divorce? A low cost divorce? Or do all divorce settlements necessarily end in hard feelings and financial ruin? The truth is that divorce can be low-cost and easy… or it can be a long ordeal that can drag on for months. No matter how emotional things get, just remember that you always have a choice and that your willingness to negotiate through mediation can help speed up the whole process, thereby minimizing the pain inflicted on your family.
Mediation is a legal process in which a trained, impartial third-party will offer divorce help and support by assisting both parties to reach an agreement. A couple preparing to divorce should not rely solely on a mediator. Rather, the husband and wife should consult their respective attorneys about their specific procedures and legal consequences of the mediation process.
If mediation is not successful, then the case must go to trial. In most cases, it is best to avoid a trial as attorney’s fees, alone, can pile up if delaying tactics are used. Furthermore, studies show that people feel more satisfied with mediated Separation Agreements than with those that are ordered by the court. Finally, since the process is more civil and less emotionally grueling, mediation minimizes any trauma to the children.
Life after divorce can be a fresh new start. Mediation can not only save time and money, but can also reduce emotional and psychological baggage for everyone.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Mediation is a legal process in which a trained, impartial third-party will offer divorce help and support by assisting both parties to reach an agreement. A couple preparing to divorce should not rely solely on a mediator. Rather, the husband and wife should consult their respective attorneys about their specific procedures and legal consequences of the mediation process.
If mediation is not successful, then the case must go to trial. In most cases, it is best to avoid a trial as attorney’s fees, alone, can pile up if delaying tactics are used. Furthermore, studies show that people feel more satisfied with mediated Separation Agreements than with those that are ordered by the court. Finally, since the process is more civil and less emotionally grueling, mediation minimizes any trauma to the children.
Life after divorce can be a fresh new start. Mediation can not only save time and money, but can also reduce emotional and psychological baggage for everyone.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Preparing for Divorce Court
Although it is highly preferable to arrive at a legal separation agreement or divorce settlement through some form of mediation, there are times when a couple cannot reach an agreement and the case simply must go to trial.
If you decide to have a trial, you must first fully realize that it is unlikely to be an easy divorce. Additionally, with lawyer’s fees on the rise, say goodbye to the idea of having a low cost divorce and to thousands of dollars of your hard-earned money. Be prepared to postpone your life after divorce for another year, and possibly longer. In some states, judges have been known to take more than a year to even assign a court date.
The following divorce advice may help you know what to expect when you take your case to divorce court:
Remember that a divorce trial is public. Be on time and try to behave with dignity. Resist the temptation to get angry and emotional.
Be honest with your lawyer and with the court. Knowing that you are acting with full integrity will give you confidence when making your appeals
Work with your lawyer as a team to create a winning strategy.
Join a support group. Doing this will help you to work out the emotional stuff outside of the courtroom and outside of your lawyer’s consultation time.
Dress conservatively. Keep your appearance well-groomed, simple and light. Avoid extravagance.
Speak clearly and audibly. If your words cannot be heard by everyone in the courtroom, you may be asked to repeat what you said.
Coping with divorce is often more difficult for those who need to have a trial. If there is still a possibility for mediation, do your best to work with your spouse and with both of your attorneys. At best, the professionals that you and your spouse hired are trying to offer their best divorce help to all concerned.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information
If you decide to have a trial, you must first fully realize that it is unlikely to be an easy divorce. Additionally, with lawyer’s fees on the rise, say goodbye to the idea of having a low cost divorce and to thousands of dollars of your hard-earned money. Be prepared to postpone your life after divorce for another year, and possibly longer. In some states, judges have been known to take more than a year to even assign a court date.
The following divorce advice may help you know what to expect when you take your case to divorce court:
Remember that a divorce trial is public. Be on time and try to behave with dignity. Resist the temptation to get angry and emotional.
Be honest with your lawyer and with the court. Knowing that you are acting with full integrity will give you confidence when making your appeals
Work with your lawyer as a team to create a winning strategy.
Join a support group. Doing this will help you to work out the emotional stuff outside of the courtroom and outside of your lawyer’s consultation time.
Dress conservatively. Keep your appearance well-groomed, simple and light. Avoid extravagance.
Speak clearly and audibly. If your words cannot be heard by everyone in the courtroom, you may be asked to repeat what you said.
Coping with divorce is often more difficult for those who need to have a trial. If there is still a possibility for mediation, do your best to work with your spouse and with both of your attorneys. At best, the professionals that you and your spouse hired are trying to offer their best divorce help to all concerned.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information
Divorce and Alimony Formula
In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formulas in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.
What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.
In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.
Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.
A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.
The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.
One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.
One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.
It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.
In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.
Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.
A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.
The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.
One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.
One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.
It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
A Divorce Glossary
Divorce lawyers and law firms can provide a great deal of divorce information and divorce advice; but sometimes, all that legal jargon can be confusing to say the least, not to mention intimidating. Getting a good, low cost divorce settlement requires planning and research.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
So, why not start here? We have provided you with a good glossary of legal terms related to the process of getting a divorce:
Alimony
A regular support payment by one divorced spouse to the other
Annulment
A court declaration stating that a legal marriage never existed
Arbitration
Having a disputed matter settled by a third party who is not a judge.
Attachment
A court-ordered seizure of a debtor’s property.
Attorney at Law
A state-licensed advocate who is hired to prepare, manage and try a case in court.
Alternative Dispute Resolution
A process of negotiation, mediation and arbitration, in lieu of a trial, as a way to resolve issues pertaining to a judgment of divorce.
Case Information Statement (CIS)
A financial document specifying the details of your respective incomes, expenses, assets, and debts.
Child Support
Money paid by one ex-spouse to another toward their child’s expenses.
Common Law Marriage
A marriage without a license or ceremony in which the couple cohabitated for a minimum number of years (varies from state to state).
Default
Failure to do something (such as make a payment) on time.
Discovery
The legal procedures used to gather all the facts necessary to settle a case or to prepare the case for trial.
Dissolution of Marriage (Divorce)
The legal separation of a married couple so that each one may be free to marry again.
Equitable Distribution
A fair division of the assets acquired during your marriage.
Inventory and Appraisement
A list of jointly-owned property along with the current value of each one.
Joint Legal Custody
An agreement in which a divorced couple share the rights and responsibilities of making major decisions about their child’s life.
Joint Physical Custody
The shared right to have a child live with one or the other parent at different times of the week or year.
Judgement of Divorce
A legal document following a settlement or trial that grants a divorce and states the court’s decisions with regard to alimony, support, custody, visitation rights, and equitable distribution.
Maintenance
Alimony or child support payments
Marital Settlement Agreement
An out-of-court agreement that resolves all issues surrounding a divorce.
Mediation
A process by which a dispute is resolved and an agreement between two parties is reached with the assistance of a disinterested third party known as a mediator.
Non-Marital Property
Property that belongs exclusively to either the husband or the wife and, as such, cannot be divided between the two.
No-Fault Divorce
A divorce granted with the mutual agreement of two spouses, or when one spouse has left the marriage for a certain period of time (varies by state).
Rehabilitative Alimony
Alimony that helps the ex-spouse to become self-reliant.
Separation
The absence of one spouse from the household before a divorce.
Separation Agreement
A temporary agreement with regard to support, child custody and property for the period between the onset of separation and the granting of a divorce.
Spouse
A husband or wife
Support
Payment due to one spouse from the other regarding housing, food, clothing, and other expenses.
Transfer
To switch legal ownership from one person to another.
Verification Statement
An oath declaring that the information stated in a document is true.
Visitation
The right for a non-custodial parent to visit his or her child.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Divorce and Health Insurance Benefits
Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available or those benefits available at a substantial cost. After a divorce, the spouse with the family health insurance coverage can no longer cover the other parent. They are no longer "family" members who can take advantage of one health insurance policy. How to then ensure that everyone stays insured does become an issue for negotiation and/or divorce litigation.
If both parties do not have health insurance benefits available and if the cost of obtaining those health insurance benefits for the other party after a divorce become prohibitive, there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but delay the divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even thought they are separed. The parties can consent to waiting for one, two or more years before either one files for a divorce. While the parties will remain married, their property, custody, and support issues will be addressed in their separation agreement. Under some circumstances, this is an optimal resolution. For example, what if both parties want one spouse to remain at home for several more years with young children, but they do still want to separate and divorce? This option works for them. They can separate, agree upon getting a divorce and all of the terms that they have to agree upon, but delay the final divorce so that they can keep cost effective health insurance benefits in place.
The above example can provide some difficulties that must be discusse in detail with your divorce attorney. For example, if you separate but do not divorce, your federal tax filing status may be affected. Also, in some states, it is not as easy as in other states to enforce a separation agreement. Or, in yet other states, it is possible for one spouse to take the advantages provided by the agreement for a year or two and then go to court and seek entirley different forms of financial relief in a divorce action. Only a divorce attorney licensed to practice in your state can advise you on these issues.
Another option for couples divorce is COBRA coverage. COBRA is a federal law which mandates that a person covered under a health insurance policy be given the right to continue that coverage, at their own cost, for a set time period if certain requirements exist. For example, if you obtain a divorce and your spouse had family health insurance coverage through his employer, the employer would have to provide COBRA coverage for you after the divorce. That COBRA coverage would require that you have the same health insurance policy, although your coverage would now be individual and not family. You would have to pay the employer's cost for that individual policy.
It is not uncommon for a stay at home spouse or a spouse who has less income or employment options to obtain COBRA coverage and to negotiate that their spouse pay for that coverage for a specified time period after the divorce. In doing so, this gives the spouse who did not have coverage available some time to either obtain employment with coverage or become financially settled and able to afford their own coverage.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
If both parties do not have health insurance benefits available and if the cost of obtaining those health insurance benefits for the other party after a divorce become prohibitive, there is one way to continue benefits without additional cost. That way is to enter into a separation agreement, but delay the divorce. That way, the parties actually do remain married and they can stay on the same health insurance plan even thought they are separed. The parties can consent to waiting for one, two or more years before either one files for a divorce. While the parties will remain married, their property, custody, and support issues will be addressed in their separation agreement. Under some circumstances, this is an optimal resolution. For example, what if both parties want one spouse to remain at home for several more years with young children, but they do still want to separate and divorce? This option works for them. They can separate, agree upon getting a divorce and all of the terms that they have to agree upon, but delay the final divorce so that they can keep cost effective health insurance benefits in place.
The above example can provide some difficulties that must be discusse in detail with your divorce attorney. For example, if you separate but do not divorce, your federal tax filing status may be affected. Also, in some states, it is not as easy as in other states to enforce a separation agreement. Or, in yet other states, it is possible for one spouse to take the advantages provided by the agreement for a year or two and then go to court and seek entirley different forms of financial relief in a divorce action. Only a divorce attorney licensed to practice in your state can advise you on these issues.
Another option for couples divorce is COBRA coverage. COBRA is a federal law which mandates that a person covered under a health insurance policy be given the right to continue that coverage, at their own cost, for a set time period if certain requirements exist. For example, if you obtain a divorce and your spouse had family health insurance coverage through his employer, the employer would have to provide COBRA coverage for you after the divorce. That COBRA coverage would require that you have the same health insurance policy, although your coverage would now be individual and not family. You would have to pay the employer's cost for that individual policy.
It is not uncommon for a stay at home spouse or a spouse who has less income or employment options to obtain COBRA coverage and to negotiate that their spouse pay for that coverage for a specified time period after the divorce. In doing so, this gives the spouse who did not have coverage available some time to either obtain employment with coverage or become financially settled and able to afford their own coverage.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
Negotiating a Good Divorce Settlement
Divorce can get complicated with all its legal and financial details and disagreements. It’s no wonder that you are seeking divorce help and divorce support. The most important piece of information to learn from the get-go about how to get a divorce is that the outcome depends on you. Your willingness to negotiate and seek mediation can actually make it a low cost divorce. It might even turn out to be an easy divorce if you stay flexible, yet firm about your rights.
Going through a trial is seldom a good idea, particularly with regard to women and divorce. Financially, men usually have the upper hand since they are traditionally the bread-winners and, as such, they usually get paid more. That gives them more buying power to hire the better lawyer; if the case goes to trial, a wife in this sort of situation usually finds herself headed toward financial ruin. For this reason, life after a divorce trial can be even harder than it was before.
Here is a little divorce advice that will make coping with divorce less difficult: spare yourself and your children the headache—mediate.
Mediation gives both parties the power to negotiate alimony, child support, custody and an equitable division of assets and liabilities. In this way, you can use any divorce information you acquire to increase your negotiating power.
When trying to negotiate a good divorce settlement, keep the following in mind:
When you are not satisfied with any of your spouse’s terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse’s wellbeing.
If things get ugly, remember that a change in your approach (yes, it’s hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Going through a trial is seldom a good idea, particularly with regard to women and divorce. Financially, men usually have the upper hand since they are traditionally the bread-winners and, as such, they usually get paid more. That gives them more buying power to hire the better lawyer; if the case goes to trial, a wife in this sort of situation usually finds herself headed toward financial ruin. For this reason, life after a divorce trial can be even harder than it was before.
Here is a little divorce advice that will make coping with divorce less difficult: spare yourself and your children the headache—mediate.
Mediation gives both parties the power to negotiate alimony, child support, custody and an equitable division of assets and liabilities. In this way, you can use any divorce information you acquire to increase your negotiating power.
When trying to negotiate a good divorce settlement, keep the following in mind:
When you are not satisfied with any of your spouse’s terms, prepare a logical rebuttal, rather than get defensive and emotional. By all means, speak up!
Be willing to try and consider your soon-to-be-estranged spouse’s wellbeing.
If things get ugly, remember that a change in your approach (yes, it’s hard) can turn things around 180 degrees.
Just do your best to avoid having the case go to trial. The benefits of mediating your own agreement include keeping your marital problems confidential, sparing yourself of open court proceedings and the related costs, speeding up the process and not to mention helping to make it all easier on the kids.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Divorce and Hidden Assets
Not surprisingly, assets are often hidden in a divorce situation. Why - well simply greed, or the feelings of betrayal or anger at the need to divide assets in the divorce, or the fear of not having enough after the divorce all motivate the behavior of hiding assets.
In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.
There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.
Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.
If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.
Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance.
If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce atttorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.
If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.
If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other idividual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
In divorce, the parties assets are divided. Under the divorce laws of some states they are divided equally and under the divorce laws of other states, they are divided "equitably" or fairly. Equitably often means equally to overworked divorce judges.
There is no way to know in advance if your spouse has or will hide assets in a divorce. You know your spouse better than your divorce attorney will and you will need to alert your attorney to the possibility of your psouse hiding assets. Before you get to that point, however, there are some easy steps to take to prevent your spouse from being able to hide assets. Those steps include finding out everything you can about your assets before divorce.
Before you alert your spouse that you are considering divorce, you need to complile and/or stockpile documentation about all of your assets. If you do not have knowledge of your marital assets, it is time to find out what is there. If bank and other statements come to the house, open them and write down account numbers and balances.
If you have access to the cancelled checks, copy those as well. It is not unusual for a spouse who is planning a divorce to transfer money to friends or relatives with the plan being that they will give that money back after a divorce is finalized. So, you should review those records and carefully scrutinize all large or suspicious transfers that take place in the two or three years prior to or just after the filing of a divorce action.
Make sure that you know where the copies of your income tax statements are. If your spouse has a business, make sure you have a copy of several years of tax returns for that business. All of these documents can be copied and hidden safely somewhere outsided of the house in the event that you need them. Taking these simple pre-emptive steps can mean the difference in obtaining a fair settlement in divorce. It will also be incredibly helpful to your divorce attorney to have this information in advance.
If banking and other statements and financial records are not kept at or mailed to your house, you will need to obtain those records in other ways. You can contact the IRS to obtain copies of any tax returns that you signed. Request copies of those returns and have them mailed to a different address - either a friend or relative or your divorce atttorney. If there are returns that you have not signed, such as business tax records, you will not be able to obtain copies of those returns from the IRS. If you have access to your spouse's place of business, you may be able to find those tax returns there. If you are worried about your spouse hiding assets in a divorce, you really do need to find those returns and make copies of them - for as many years as possible.
If you have valuables, antiques, jewelry, art or other collectibles in your home, catalog all of them and if you have appraisals, make copies. It is not unusual for those items to disappear or even to be pawned by a spouse in need of more funds.
If you suspect that your spouse has engaged in some divorce planning and is hiding assets, let your divorce attorney know. Ask your divorce attorney to subpoena records from any other idividual or entity who could be involved in assisting your spouse in hiding those assets. If need be, your attorney can use the services of an investigator to help to obtain financial records that have been withheld.
by: Jean Mahserjian
About the author:
Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com
Selecting a Divorce Attorney....
....is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.
There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?
There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.
So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce
attorney, and how their attorney performed for them.
AFter you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.
After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.
When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".
Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.
After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.
Aby: Jean Mahserjianbout the author:
Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.com
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.
There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?
There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.
So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce
attorney, and how their attorney performed for them.
AFter you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.
After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.
When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".
Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.
After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.
Aby: Jean Mahserjianbout the author:
Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.com
The job of a divorce attorney
Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.
How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.
Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.
What takes up most of the time of a divorce attorney is the distribution of conjugal property. In "community property" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.
During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.
A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.
by: Michael Sanford
About the author:
For more legal information please visit http://www.lawyer-and-attorney.com
How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.
Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney's job to confirm the complaint and proceed to the divorce court hearing.
What takes up most of the time of a divorce attorney is the distribution of conjugal property. In "community property" states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.
During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.
A divorce attorney's work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court's ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.
by: Michael Sanford
About the author:
For more legal information please visit http://www.lawyer-and-attorney.com
How to Get A Divorce
While each person’s situation is unique, there are steps to follow that are common to all in the event that you and/or your spouse decide to file for divorce. Here is some general divorce advice:
Become familiar with the divorce process
The process of divorce results in putting a legal end to a marriage. Although divorce proceedings differ from one state to another, most states follow a specific order:
A divorce will begin with a document called a Petition (or Complaint in some states) that formally notifies the court and the other spouse that he or she wishes to end the marriage. This document also presents an overview of terms, such as child support, custody and visitation rights, spousal support, property and debt division, and last-but-not-least, attorney’s fees and costs.
Opposing papers or a response is then filed by the other spouse. In some states, if a spouse does not file opposing papers within a certain window time from when the petition was issued, the spouse can lose the right to have his or her side of the case presented in court.
Next, temporary orders lay down the short-term rules while the case is pending. The discovery, or legal procedure of gathering information about each spouse, can either be quick, or lengthy, costly and time-consuming.
Finally, a case can either be settled by an alternative dispute resolution, or it will need to go to trial. A divorce that goes to trial will typically most emotional and difficult, particularly for the children.
Choose an experienced divorce lawyer
Your best source for divorce information is an experienced attorney. A lawyer can give you divorce information that is relevant to your specific needs. Some lawyers even specialize in divorce for men; and others are familiar with issues pertaining to women and divorce.
Developing a rapport with your attorney is an important step in understanding the entire divorce process. The more knowledge you have, the better-informed your decisions will be.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
Become familiar with the divorce process
The process of divorce results in putting a legal end to a marriage. Although divorce proceedings differ from one state to another, most states follow a specific order:
A divorce will begin with a document called a Petition (or Complaint in some states) that formally notifies the court and the other spouse that he or she wishes to end the marriage. This document also presents an overview of terms, such as child support, custody and visitation rights, spousal support, property and debt division, and last-but-not-least, attorney’s fees and costs.
Opposing papers or a response is then filed by the other spouse. In some states, if a spouse does not file opposing papers within a certain window time from when the petition was issued, the spouse can lose the right to have his or her side of the case presented in court.
Next, temporary orders lay down the short-term rules while the case is pending. The discovery, or legal procedure of gathering information about each spouse, can either be quick, or lengthy, costly and time-consuming.
Finally, a case can either be settled by an alternative dispute resolution, or it will need to go to trial. A divorce that goes to trial will typically most emotional and difficult, particularly for the children.
Choose an experienced divorce lawyer
Your best source for divorce information is an experienced attorney. A lawyer can give you divorce information that is relevant to your specific needs. Some lawyers even specialize in divorce for men; and others are familiar with issues pertaining to women and divorce.
Developing a rapport with your attorney is an important step in understanding the entire divorce process. The more knowledge you have, the better-informed your decisions will be.
by: Nathan Dawson
About the author:
Nathan Dawson writes for http://www.lifeaftermarriage.coma great online source for finance information.
"Contested" And "Uncontested Divorce"
A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.
A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.
Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.
Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
by: James Wood
About the author:
James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.
www.legalhelper.net/power-of-attorney.aspx
wjames@legalhelper.net
When a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. Divorce cases are generally called for trial in the order in which they were filed.
A divorce case remains a "Contested Divorce" until each and every item is resolved. If, however, at any time during that period of the divorce case, the parties and their attorneys can reach an agreement on all of the issues, they can then stipulate to the court to have the matters heard as an "Uncontested Divorce" (no fault divorce) matter. When this occurs, the court will accommodate the parties to the marriage and provide an expedited Hearing in which it will hear proof regarding the grounds of the divorce and the settlement of the divorce. If the standards of the court and the law are met, the court will approve the settlement and enter a divorce Judgment on that day or shortly thereafter.
Remember that, it is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well.
Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill legal forms for divorce by divorce online legal services.
Note that Legalhelper.net (http://www.legalhelper.net/divorce.aspx) provides an easy-to-use, quick, and economical online method for creating completed legal forms from its site for your uncontested divorce (either no-fault divorce or fault divorce).
by: James Wood
About the author:
James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship.
www.legalhelper.net/power-of-attorney.aspx
wjames@legalhelper.net
Divorce Online in Minutes
Legal Helpmate provides an easy-to-use, quick, and economical online method for creating completed legal forms from our site for your uncontested divorce (either no-fault divorce or fault divorce). Legal Helpmate provides a simple online divorce service for making your divorce process less expensive and stressful for you. It’s easy. You simply answer some basic questions that produce the proper legal documents necessary for your uncontested divorce. The divorce papers are tailored to reflect your income, your assets, your children, and the divorce law of your state. You receive these completed, ready-to-print legal documents of divorce online together with simple instructions on how and where to file for divorce. Our online divorce service always gives you the exact legal documents needed to obtain your uncontested divorce (either no-fault divorce or fault divorce) in your state. The turn-around time for receiving each completed legal document online may be immediately or it may be within 15 minutes, depending upon the divorce law of your state. Why should we lose the money and time applying for divorce, if there is the cheap and fast alternative - divorce online? You find the site, take your mouse, you press on the button - and you are a divorced person. With a minimum of formalities. In the virtual world of divorce, the couple that does not require court, after inputting all necessary data for divorce, merely prints the forms, signs them, and sends them to the judge. And that’s it. A Company like Legalhelpmate.com that supplies online documents for divorce disagrees with the opinion of opponents that cheap divorce can minimize the importance of divorce. The fact is, it just makes a bad situation better.
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
Child Custody Agreement and Taxes
A child custody agreement can have serious implications on your tax filing and your taxes overall. This issue should be addressed with your attorney or with your accountant while you are going through the process of negotiating or litigating child custody or a divorce agreement. Waiting until after you have finalized a child custody agreement to investigate the tax impact is not adviseable.
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your child cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact.
The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negiating outline in a divorce or separation situation. A child custody agreement that is silent on this issue is really not a well negotiated or written agreement.
Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of fiing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.
There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
by: Jean Mahserjian
About the author:
Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.c
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your child cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact.
The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negiating outline in a divorce or separation situation. A child custody agreement that is silent on this issue is really not a well negotiated or written agreement.
Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of fiing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.
There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
by: Jean Mahserjian
About the author:
Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.c
What If Divorce Happens
A couple recently divorced. Their Divorce Decree stated that the husband would pay the balances on their three joint credit card accounts. Months later, after he neglected to pay off these accounts, all three creditors contacted the wife for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that the wife was still legally responsible for paying off the couple's joint accounts. She later found out that the late payments appeared on her credit report.
You may want to look closely at issues involving credit if you've recently been through a divorce - or are contemplating one. Understanding the Different Kinds of credit accounts opened during a marriage may help show you the potential benefits and pitfalls of each. There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit-whether a charge card or a mortgage loan - you'll be asked to select either an individual or a joint account. Individual Account The creditor considers your income, assets, and credit history.
Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any authorized user. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin) the individual debts of one spouse may appear on the credit report of the other. Advantages/Disadvantages If you're not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse's income. But if you open an account in your name and are responsible, no one can negatively affect your credit record. Joint Account The income, financial assets, and credit history of you and your spouse are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid.
A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977). Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is Granting a Loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This rule continues to rule your credit score, even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit histories on jointly held accounts. Account Users If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, it will be reported in both of your names if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.
Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you yourself are contractually liable for paying the debt. If you are Thinking About Divorce, examine the status of your credit accounts, because if you maintain joint accounts during this time, it's important to make regular payments so your credit record won't suffer. Remember that if there's an Outstanding Balance on a joint account, you and your spouse are responsible for it.
Therefore, if divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. You could also ask the creditor to Convert These Accounts to individual accounts. By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor also is not required to change joint accounts to individual accounts and could require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to Require Refinancingto remove a spouse from the obligation.
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
You may want to look closely at issues involving credit if you've recently been through a divorce - or are contemplating one. Understanding the Different Kinds of credit accounts opened during a marriage may help show you the potential benefits and pitfalls of each. There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit-whether a charge card or a mortgage loan - you'll be asked to select either an individual or a joint account. Individual Account The creditor considers your income, assets, and credit history.
Whether you are married or single, you alone are responsible for paying off the debt. The account will appear on your credit report, and may appear on the credit report of any authorized user. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin) the individual debts of one spouse may appear on the credit report of the other. Advantages/Disadvantages If you're not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse's income. But if you open an account in your name and are responsible, no one can negatively affect your credit record. Joint Account The income, financial assets, and credit history of you and your spouse are considerations for a joint account. No matter who handles the household bills, you and your spouse are responsible for seeing that debts are paid.
A creditor who reports the credit history of a joint account to credit bureaus must report it in both names (if the account was opened after June 1, 1977). Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is Granting a Loan or credit card. But because two people applied together for the credit, each is responsible for the debt. This rule continues to rule your credit score, even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit histories on jointly held accounts. Account Users If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, it will be reported in both of your names if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.
Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you yourself are contractually liable for paying the debt. If you are Thinking About Divorce, examine the status of your credit accounts, because if you maintain joint accounts during this time, it's important to make regular payments so your credit record won't suffer. Remember that if there's an Outstanding Balance on a joint account, you and your spouse are responsible for it.
Therefore, if divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. You could also ask the creditor to Convert These Accounts to individual accounts. By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor also is not required to change joint accounts to individual accounts and could require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to Require Refinancingto remove a spouse from the obligation.
by: Jeffrey Broobin
About the author:
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.
Website: http://www.legalhelpmate.com
Email: jeffreyb@legalhelpmate.com
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